2013 (11) TMI 168 - AT - Income Tax

Allowability of Deduction Claim u/s 80IB (4) - Held that - The assessee was eligible for deduction under the sub-section (4) of sec.80-IB of the Act, on all the article/things (including those mentioned in 11th schedule) manufactured by it - The assessee was located in the State of Pondicherry, which is in an industrially backward State - In also make no difference whether the undertaking is a SSI or not - In fact, the assessee claimed deduction under the sub-section (4) of sec.80-IB of the Act. Once, the industrial undertaking is located in an industrially backward State the assessee is eligible for deduction u/s.80-IB(4) of the Act - In such a situation there was no need to fulfill the requirements of SSI nature - If the assessee wanted to claim deduction u/s.80-IB of the Act, being in the nature of SSI (i.e. if wants to claim exception as per the first limb of proviso to clause(iii)), then only the assessee had to prove that it was recognised as a SSI and all the relevant conditions were fulfilled. As the assessee s industrial undertaking was located in an industrially backward State of Pondicherry, there was no need to fulfill the requirements of SSI - The assessee was eligible for deduction u/s.80-IB(4) of the Act - The CIT(A) had given well reasoned and categoric finding with respect to eligibility of the assessee for claiming deduction under section 80IB Decided against Revenue. Claim of Deduction u/s 35(1)(i) - Held that - The assessee had incurred expenditure on the research and development activity in relation to its own business - Therefore, the assessee was eligible for deduction under section 35(1)(i) of the Act - Relying upon CIT Vs. U.P. Electronics Pvt. Ltd. 2005 (2) TMI 57 - ALLAHABAD High Court - As per the provisions of section 35(1)(i), the only requirement for claiming deduction was that the amount should have been spent during previous year on research and development in relation to assessee s own business only - It was not the case of the assessee or the Revenue that the assessee was contributing amount towards another organization engaged in research and development. The deduction claimed by the assessee under section 35 of the Act towards in house expenditure on scientific research - the assessee had submitted that it had been spending huge amount on research and development of new products and to improve the existing ones - The contention of the assessee was that since the assessee was spending money on research and development facility in its own unit and was related to its own business, no approval from the prescribed authority for claiming deduction under section 35 of the Act was required Decided against Revenue.

Summary

Issues Involved:
1. Allowance of claim under section 80IB(4) amounting to Rs. 1,25,17,185/-.
2. Claim of deduction under section 35(1)(i) amounting to Rs. 78,80,649/-.

Detailed Analysis:

Issue 1: Allowance of Claim under Section 80IB(4)

Facts and Arguments:
- The assessee, a company engaged in manufacturing automobile garage equipment, claimed a deduction under section 80IB(4) amounting to Rs. 1,25,17,185/- for the assessment year 2009-10.
- The Assessing Officer disallowed the claim, arguing that the assessee did not meet the conditions laid down under the Industrial (Development and Regulation) Act, 1951, as it was not a small-scale undertaking and manufactured items listed in the Eleventh Schedule.
- The CIT(A) allowed the claim, stating that the assessee's unit was located in Pondicherry, an industrially backward State specified in the Eighth Schedule, and was registered as a Small Scale Industry (SSI).

Tribunal's Findings:
- The Tribunal noted that the Assessing Officer misinterpreted the provisions of law regarding section 80IB(4).
- The CIT(A) correctly identified that an industrial undertaking in an industrially backward area is eligible for deduction under section 80IB(4) regardless of its SSI status.
- The Tribunal reiterated that the proviso to clause (iii) of sub-section (2) of section 80IB allows for exceptions where the undertaking is situated in an industrially backward State or is an SSI.
- Since the assessee's unit was located in Pondicherry, an industrially backward State, it was eligible for the deduction under section 80IB(4) irrespective of whether it was an SSI or not.
- The Tribunal upheld the CIT(A)'s decision, dismissing the Revenue's appeal on this ground.

Issue 2: Claim of Deduction under Section 35(1)(i)

Facts and Arguments:
- The assessee claimed a deduction of Rs. 78,80,649/- under section 35(1)(i) for in-house research and development expenditure.
- The Assessing Officer disallowed the claim, citing a lack of detailed information and supporting documents to substantiate the expenditure.
- The assessee argued that the expenditure was related to its own business and did not require approval from any prescribed authority, as supported by a letter from the DISR and the judgment of the Allahabad High Court in CIT Vs. U.P. Electronics Pvt. Ltd.

Tribunal's Findings:
- The Tribunal found that under section 35(1)(i), the only requirement is that the expenditure should be incurred on research and development related to the assessee's own business.
- The Tribunal noted that the assessee had provided a break-up of the expenses and a letter from the DISR confirming the research activities.
- Since the expenditure was on the assessee's own research and development activities, the Tribunal held that the assessee was eligible for the deduction under section 35(1)(i).
- The Tribunal dismissed the Revenue's appeal on this ground as well.

Cross Objection by the Assessee:
- The assessee's cross-objection, filed in support of the CIT(A)'s order, was dismissed as infructuous since the Revenue's appeal was dismissed.

Conclusion:
- The Tribunal dismissed the Revenue's appeal on both grounds, upholding the CIT(A)'s decision to allow the deductions under sections 80IB(4) and 35(1)(i).
- The cross-objection by the assessee was also dismissed as it became infructuous.

Order Pronounced:
- The order was pronounced in the open court on 28.1.2013.